The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

19490014u101h

ARTICLE I.

PRELIMINARY PROVISIONS.

19490014u101s

Section 101. Short Title and Effective Date.--This act shall be known and may be cited as the "Public
School Code of 1949." The provisions thereof shall become effective on the first day
of July, one thousand nine hundred forty-nine, except in so far as they affect school
districts of the first class. In so far as they affect school districts of the first
class, the provisions of this act shall become effective on the first day of January,
one thousand nine hundred fifty.

19490014u102s

Section 102. Definitions.--When used in this act the following words and phrases shall have the
following meanings:

"Academic performance target." A percentage of students in a school or school district required to score at a level
equal to or above proficient in those subject areas assessed through a PSSA test and
required under the No Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat.
1425) in order to achieve adequate yearly progress pursuant to 22 Pa. Code § 403.3
(relating to single accountability system).

"Adequate yearly progress" or "AYP." Adequate yearly progress as defined by section 1111(b)(2)(C) of the No Child Left
Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425) and in 22 Pa. Code §§ 403.2
(relating to definitions) and 403.3 (relating to single accountability system).

"Board of school directors." Includes the board of public education in school districts of the first class except
where specifically limited to school districts of other classes.

"Corrective action." Classification as provided in 22 Pa. Code § 403.3 (relating to single accountability
system) indicating that a school or school district failed to meet adequate yearly
progress for four or more consecutive years and requiring development of a corrective
action plan.

"Keystone Exam." An assessment developed or caused to be developed by the Department of Education pursuant
to 22 Pa. Code § 4.51(f) (relating to State assessment system). (Def. added June 30,
2012, P.L.684, No.82)

"No Child Left Behind Act of 2001." The No Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425).

"Official visitor." Includes the Governor, Lieutenant Governor, members of the Senate and the House of
Representatives, the Secretary of Education and members of the State Board of Education.

"Pennsylvania System of School Assessment test" or "PSSA test." A test developed and implemented by the Department of Education to determine only
academic achievement relating to objective academic standards in the areas of reading,
writing, mathematics and science and which test is so developed and implemented as
necessary to comply with Federal law.

"Proficient." The attainment of performance levels in those subject areas assessed through the Pennsylvania
System of School Assessment test and required under the No Child Left Behind Act of
2001 (Public Law 107-110, 115 Stat. 1425) that have been approved by the State Board
of Education to reflect satisfactory academic performance.

"School district." Includes school districts of all classes except where specifically limited to districts
of a particular class or classes.

"School improvement." Classification as provided in 22 Pa. Code § 403.3 (relating to single accountability
system) indicating a school or school district has failed to make adequate yearly
progress for two consecutive years and needs improvement.

"School term." The period of time elapsing between the opening of the public schools in the fall
of one year and the closing of the public schools in the spring of the following year.

"School year." The period of time elapsing in school districts of the first class between the first
day of January and the 31st day of December of any year and in school districts of
all other classes between the first day of July of one year and the 30th day of June
of the following year. Effective July 1, 1997, for the 1997-1998 school year and each
school year thereafter, school districts with a year-round education program may submit
a request to the Secretary of Education for approval or disapproval to extend the
school year until August 15 for the purpose of determining average daily memberships
for students whose 180 days of instruction continue into the summer months.

"Warning." Classification as provided in 22 Pa. Code § 403.3 (relating to single accountability
system) indicating that a school or school district has failed to make its academic
performance targets for one year.

(102 amended Dec. 23, 2003, P.L.304, No.48)

19490014u103s

Section 103. Excluded Provisions.--This act does not include any provisions of, and shall not be
construed to repeal:

(9) The Act Relating to Strikes by Public Employes, approved the thirtieth day of June,
one thousand nine hundred forty-seven (Pamphlet Laws 1183).

(10) Any law relating to elections.

(11) Any temporary law.

(12) Any law validating past actions or proceedings.

(13) Any amendment or supplement of any of the laws referred to in this section.

19490014u104s

Section 104. Saving Clause.--The provisions of this act, so far as they are the same as those of
existing laws, are intended as a continuation of such laws and not as new enactments.
The repeal by this act of any act of Assembly or part thereof shall not revive any
act or part thereof heretofore repealed or superseded nor affect the existence or
class of any school district heretofore created. The provisions of this act shall
not affect the title to, or ownership of, any property, real or personal, vested prior
to the effective date of this act. The provisions of this act shall not affect any
act done, liability incurred, or right accrued or vested, or affect any suit or prosecution
pending or to be instituted to enforce any right or penalty or punish any offense
under the authority of such repealed laws. All rules and regulations made pursuant
to any act of Assembly repealed by this act shall continue with the same force and
effect as if such act had not been repealed. Any person holding office under any act
of Assembly repealed by this act shall continue to hold such office until the expiration
of the term thereof, subject to the conditions attached to such office prior to the
passage of this act.

19490014u105s

Section 105. Right of Appeal Saved.--Except as herein otherwise provided, nothing in this act contained
shall be held to preclude the right of appeal in actions arising under this act from
any court wherein such action shall be brought.

19490014u106s

Section 106. Publication of Notices, etc.; Proofs of Publication.--(a) Whenever, under the provisions of this act, notice is required to be published in
one newspaper, such publication shall be made in a newspaper of general circulation
as defined by the "Newspaper Advertising Act" of May sixteen, one thousand nine hundred
twenty-nine (Pamphlet Laws 1784), printed in the county, unless the matter in connection
with which the advertising is being done affects only a school district, in which
case such advertisement shall be published in a newspaper printed in such school district,
if there is such a newspaper, and if not, then in a newspaper circulating generally
in such school district. If such notice is required to be published in more than one
newspaper, it shall be published in at least one newspaper of general circulation,
defined as aforesaid, printed, if there be such a newspaper, or circulating generally,
as above provided, in the school district.

(b) When such notice relates to any proceeding or matter in any court, or the holding
of an election for the increase of indebtedness, or the issue and sale of bonds to
be paid by taxation, such notice, in each school district, shall also be published
in the legal newspaper, if any, designated by the rules of court of the proper county
for the publication of legal notices and advertisements: Provided, That auditors'
statements, summaries of auditors' statements, advertisements inviting proposals for
public contracts and for bids for materials and supplies, or lists of delinquent taxpayers,
shall be published only in newspapers of general circulation, defined as aforesaid.

(c) Proof of publication of any notice required to be given by the posting of handbills
or statements shall be made by attaching an original copy of such handbill or statement
as actually printed and posted to an affidavit made by the person posting such notice.
Such affiant shall not be an interested party or an employe of any person or persons
interested in the subject matter of said notice. His affidavit shall state where and
when the notices were posted and where the notice was published in newspapers, as
aforesaid. A printed copy, exactly as published in said newspaper, shall be securely
attached to a similar affidavit of the publisher or his designated agent.

19490014u107s

Section 107. Compensation for Services or Additional Services.--Where, by the provisions of this
act, any services or additional services are imposed upon any public official for
which no compensation is provided, the board of school directors of the proper district
may, unless such service is required to be performed without compensation, pay out
of the funds of the district such reasonable compensation for such service or additional
service as it may determine, subject to the provisions of this act.

19490014u108s

Section 108. Religious or Political Tests, etc., Prohibited.--No religious or political test or
qualification shall be required of any director, visitor, superintendent, teacher,
or other officer, appointee, or employe in the public schools of this Commonwealth.

19490014u109s

Section 109. Disposition of Fines.--All fines that are imposed and collected under any of the provisions
of this act shall be paid to the treasurer of the proper school district, or, when
the proper school district cannot be determined, into the State School Fund.

19490014u110s

Section 110. Official Visitors Access to Public Schools.--An official visitor shall have access
to and may not be denied access to any public school in the Commonwealth at any time.

(a.1) Beginning April 1, 2007, this section shall apply to all current and prospective employes
of public and private schools, intermediate units and area vocational-technical schools,
including, but not limited to, teachers, substitutes, janitors, cafeteria workers,
independent contractors and their employes, except those employes and independent
contractors and their employes who have no direct contact with children.

(1) Beginning April 1, 2007, this section shall apply to bus drivers employed or offered
employment by a school district, private school, nonpublic school, intermediate unit
or area vocational-technical school or by an independent contractor.

(2) Beginning April 1, 2007, this section shall apply to student teachers and student
teacher candidates assigned to all public and private schools, intermediate units
and area vocational-technical schools.

(3) For purposes of this section, "student teacher" or "student teacher candidate" shall
mean an individual participating in a classroom teaching, internship, clinical or
field experience who, as part of a program for the initial or advanced preparation
of professional educators, performs classroom teaching or assists in the education
program in a public or private school, intermediate unit or area vocational-technical
school under the supervision of educator preparation program faculty.

(4) Prior to a student teacher or student teacher candidate's participation in any classroom
teaching, internship, clinical or field experience, the student teacher or student
teacher candidate shall provide to the administrator of his or her educator preparation
program all criminal history record information required of an employe or prospective
employe who is subject to this section.

(5) A student teacher or student teacher candidate may not participate in any classroom
teaching, internship, clinical or field experience if this section would prohibit
an employe or prospective employe subject to this section from being employed under
those circumstances.

(6) During the course of a student teacher or student teacher candidate's participation
in an educator preparation program, the administrator of the student teacher or student
teacher candidate's educator preparation program shall maintain a copy of the criminal
history record information that was provided by the student teacher or student teacher
candidate. The penalty provisions of subsection (g) shall be applicable to the administrator
of a student teacher or student teacher candidate's educator preparation program.

(7) If a student teacher or student teacher candidate is continuously enrolled in an educator
preparation program, the criminal history record information initially submitted by
the student teacher or student teacher candidate to that program shall remain valid
during that period of enrollment, subject to the requirements of subsection (j). If
a student teacher or student teacher candidate's enrollment in an educator preparation
program is interrupted or if the student teacher or student teacher candidate transfers
to another educator preparation program, the student teacher or student teacher candidate
shall provide to the administrator of his or her educator preparation program all
criminal history record information required of an employe who is subject to this
section.

((a.1) amended June 30, 2012, P.L.684, No.82)

(b) Administrators of public and private schools, intermediate units and area vocational-technical
schools shall require prospective employes to submit with their employment application,
pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal history record information), a
report of criminal history record information from the Pennsylvania State Police or
a statement from the Pennsylvania State Police that the State Police central repository
contains no such information relating to that person. Such report of criminal history
record information shall be no more than five (5) years old. An applicant may submit
a copy of the required information with the application for employment. Administrators
shall maintain a copy of the required information. Administrators shall require contractors
to produce a report of criminal history record information for each prospective employe
of such contractor prior to employment. A copy of the report of criminal history record
information from the Pennsylvania State Police shall be made available to the applicant
in a manner prescribed by the Department of Education.((b) amended Feb. 16, 2016,
P.L.6, No.4)

(c) ((c) expired March 31, 2007. See Act 114 of 2006.)

(c.1) Beginning April 1, 2007, administrators shall maintain on file with the application
for employment a copy of the Federal criminal history record in a manner prescribed
by the Department of Education. At a minimum, the Department of Education shall prescribe
a method for applicants to submit a set of fingerprints to be transmitted to the Federal
Bureau of Investigation for Federal criminal history record information pursuant to
the applicable Federal law. The Federal criminal history record information report
shall be no more than five (5) years old. Administrators shall maintain a copy of
the required information and shall require each applicant to secure a Federal criminal
history record information report that may not be more than five (5) years old at
the time of employment. A copy of the Federal criminal history record information
report shall be made available to the applicant in a manner prescribed by the Department
of Education. ((c.1) amended Feb. 16, 2016, P.L.6, No.4)

(c.2) The provisions of 18 Pa.C.S. § 9121(b)(2) (relating to general regulations) shall
not apply if the request is made pursuant to this section. ((c.2) added July 9, 2008,
P.L.846, No.61)

(c.3) In accordance with 23 Pa.C.S. § 6344.4 (relating to recertification), administrators
shall require the persons subject to this section to obtain the reports described
in subsections (b) and (c.1) and under 23 Pa.C.S. § 6344(b)(2) (relating to employees
having contact with children; adoptive and foster parents) on a renewed basis every
sixty (60) months. Any person subject to this section who has previously not been
required to obtain the reports required by subsections (b) and (c.1) and under 23
Pa.C.S. § 6344(b)(2) on account of service prior to April 1, 2007, shall be required
to obtain such reports no later than December 31, 2015. The administrator shall review
the reports and determine if the reports disclose information that may require further
action. The administrator shall maintain a copy of the required reports. ((c.3) added
Feb. 16, 2016, P.L.6, No.4)

(c.4) To the extent permitted by 23 Pa.C.S. § 6344.3(f)(relating to continued employment
or participation in program, activity or service), an administrator may accept the
reports identified in 23 Pa.C.S. § 6344(b)(1) and (3) obtained for employment requirements
pursuant to 23 Pa.C.S. § 6344 in satisfaction of the requirements of subsections (b)
and (c.1), provided that the reports are not more than sixty (60) months old and the
applicant provides the administrator with the report described in subsection (j)(1)
indicating that the individual has not been disqualified from employment pursuant
to subsection (e) or (f.1). The applicant shall also provide an attestation that the
applicant has not been disqualified for employment under 23 Pa.C.S. § 6344(c)(1).
The administrator shall review the reports and determine if the reports disclose information
that may require further action and shall maintain a copy of the required reports.
((c.4) added Feb. 16, 2016, P.L.6, No.4)

(d) The State Board of Education shall, in the manner provided by law, promulgate the
regulations necessary to carry out this section. The regulations shall provide for
the confidentiality of criminal history record information obtained pursuant to this
act.

(e) No person subject to this act shall be employed or remain employed in a public or
private school, intermediate unit or area vocational-technical school where a report
of criminal history record information or a form submitted by an employe under subsection
(j) indicates the person has been convicted of any of the following offenses:

(1) An offense under one or more of the following provisions of Title 18 of the Pennsylvania
Consolidated Statutes:

Chapter 25 (relating to criminal homicide).

Section 2702 (relating to aggravated assault).

Section 2709.1 (relating to stalking).

Section 2901 (relating to kidnapping).

Section 2902 (relating to unlawful restraint).

Section 2910 (relating to luring a child into a motor vehicle or structure).

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual assault).

Section 3123 (relating to involuntary deviate sexual intercourse).

Section 3124.1 (relating to sexual assault).

Section 3124.2 (relating to institutional sexual assault).

Section 3125 (relating to aggravated indecent assault).

Section 3126 (relating to indecent assault).

Section 3127 (relating to indecent exposure).

Section 3129 (relating to sexual intercourse with animal).

Section 4302 (relating to incest).

Section 4303 (relating to concealing death of child).

Section 4304 (relating to endangering welfare of children).

Section 4305 (relating to dealing in infant children).

A felony offense under section 5902(b) (relating to prostitution and related offenses).

Section 5903(c) or (d) (relating to obscene and other sexual materials and performances).

Section 6301(a)(1) (relating to corruption of minors).

Section 6312 (relating to sexual abuse of children).

Section 6318 (relating to unlawful contact with minor).

Section 6319 (relating to solicitation of minors to traffic drugs).

Section 6320 (relating to sexual exploitation of children).

(2) An offense designated as a felony under the act of April 14, 1972 (P.L.233, No.64),
known as "The Controlled Substance, Drug, Device and Cosmetic Act."

(3) An offense similar in nature to those crimes listed in clauses (1) and (2) under the
laws or former laws of the United States or one of its territories or possessions,
another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign
nation, or under a former law of this Commonwealth.

((e) amended June 30, 2012, P.L.684, No.82)

(f) ((f) deleted by amendment June 30, 2011, P.L.112, No.24)

(f.1) (1) If a report of criminal history record information or a form submitted by an employe
under subsection (j) indicates the person has been convicted of an offense graded
as a felony offense of the first, second or third degree other than one of the offenses
enumerated under subsection (e), the person shall be eligible for continued or prospective
employment only if a period of ten years has elapsed from the date of expiration of
the sentence for the offense.

(2) If a report of criminal history record information or a form submitted by an employe
under subsection (j) indicates the person has been convicted of an offense graded
as a misdemeanor of the first degree, other than one of the offenses enumerated in
subsection (e), the person shall be eligible for continued or prospective employment
only if a period of five years has elapsed from the date of expiration of the sentence
for the offense.

(3) If the report of criminal history record information or a form submitted by an employe
under subsection (j) indicates the person has been convicted more than once for an
offense under 75 Pa.C.S. § 3802(a), (b), (c) or (d) (relating to driving under influence
of alcohol or controlled substance) and the offense is graded as a misdemeanor of
the first degree under 75 Pa.C.S. § 3803 (relating to grading), the person shall be
eligible for current or prospective employment only if a period of three years has
elapsed from the date of expiration of the sentence for the most recent offense.

((f.1) amended June 30, 2012, P.L.684, No.82)

(f.2) Nothing in this section shall be construed to interfere with the ability of a public
or private school, intermediate unit or area vocational-technical school to make employment,
discipline or termination decisions, provided that this subsection shall not be construed
to conflict with subsection (e), (f.1) or (j)(6).

((f.2) amended June 30, 2012, P.L.684, No.82)

(g) An administrator, or other person responsible for employment decisions in a school
or other institution under this section who wilfully fails to comply with the provisions
of this section commits a violation of this act and shall be subject to civil penalty
as provided in this section.

(1) The department shall have jurisdiction to determine violators of this section and
may, following a hearing, assess a civil penalty not to exceed two thousand five hundred
dollars ($2,500).

(2) The civil penalty shall be payable to the Commonwealth.

(h) Subject to the requirements of subsection (j), any person who has once obtained the
information required under subsections (b), (c) and (c.1) may transfer to or provide
services to another school in the same district, diocese or religious judicatory or
established and supervised by the same organization and shall not be required to obtain
additional reports before making such transfer.

((h) amended June 30, 2012, P.L.684, No.82)

(i) Notwithstanding subsections (b), (c) and (c.1), and subject to the requirements of
subsection (j), administrators, before April 1, 2007, may employ in-State applicants
on a provisional basis for a single period not to exceed thirty (30) days and may
employ out-of-State applicants on a provisional basis for a single period not to exceed
ninety (90) days and, after March 31, 2007, may employ any applicants on a provisional
basis for a single period not to exceed ninety (90) days, except during a lawful strike
proceeding under the provisions of the act of July 23, 1970 (P.L.563, No.195), known
as the "Public Employe Relations Act," provided that all of the following conditions
are met:

(1) the applicant has applied for the information required under subsection (b) and, where
applicable, under subsection (c) or (c.1) and the applicant provides a copy of the
appropriate completed request forms to the administrator;

(2) the administrator has no knowledge of information pertaining to the applicant which
would disqualify him from employment pursuant to subsection (e) or (f.1);

(3) the applicant swears or affirms in writing that he is not disqualified from employment
pursuant to subsection (e) or (f.1);

(4) if the information obtained pursuant to subsection (b), (c) or (c.1) reveals that
the applicant is disqualified from employment pursuant to subsection (e) or (f.1),
the applicant shall be suspended and subject to termination proceedings as provided
for by law; and

(5) the administrator requires that the applicant not be permitted to work alone with
children and that the applicant work in the immediate vicinity of a permanent employe.

((i) amended June 30, 2012, P.L.684, No.82)

(j) (1) The department shall develop a standardized form to be used by current and prospective
employes of public and private schools, intermediate units and area vocational-technical
schools for the written reporting by current and prospective employes of any arrest
or conviction for an offense enumerated under subsections (e) and (f.1). The form
shall provide a space in which a current or prospective employe who has not been convicted
of or arrested for any such offense will respond "no conviction" and "no arrest."
The form also shall provide that failure to accurately report any arrest or conviction
for an offense enumerated under subsection (e) or (f.1) shall subject the current
or prospective employe to criminal prosecution under 18 Pa.C.S. § 4904 (relating to
unsworn falsification to authorities). The department shall publish the form on its
publicly accessible Internet website and in the Pennsylvania Bulletin.

(2) All current and prospective employes of a public or private school, intermediate unit
or area vocational-technical school shall complete the form described in clause (1),
indicating whether or not they have been arrested for or convicted of an offense enumerated
under subsections (e) and (f.1), provided that any current employe who completed the
form on or before December 27, 2011, in compliance with clauses (1) and (2) on that
date and who has not been arrested for or convicted of an offense enumerated under
subsections (e) and (f.1) shall not be required to complete an additional form under
this subsection.

(3) If, as required in clause (2), a current or prospective employe refuses to submit
the form described in clause (1), the administrator or other person responsible for
employment decisions in a school or other institution shall immediately require the
current or prospective employe to submit to the administrator a current report of
criminal history record information as required under subsections (a.1), (b) and (c.1).

(4) If the arrest or conviction for an offense enumerated under subsection (e) or (f.1)
occurs after the effective date of this subsection, the current or prospective employe
shall provide the administrator or designee with written notice utilizing the form
provided for in clause (1) not later than seventy-two (72) hours after an arrest or
conviction.

(5) If an administrator or other person responsible for employment decisions in a school
or other institution has a reasonable belief that a current or prospective employe
was arrested or has a conviction for an offense required to be reported under clause
(2) or (4) and the employe or prospective employe has not notified the administrator
as required under this section, the administrator or other person responsible for
employment decisions in a school or other institution shall immediately require the
current or prospective employe to submit to the administrator a current report of
criminal history record information as required under subsections (a.1), (b) and (c.1).
The cost of the criminal background check shall be borne by the employing entity.

(6) A current or prospective employe who willfully fails to disclose a conviction or an
arrest for an offense enumerated under this section shall be subject to discipline
up to and including termination or denial of employment and may be subject to criminal
prosecution under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).

Section 111.1. Employment History Review.--(a) This section shall apply to all positions for employment at school entities and independent
contractors of school entities involving direct contact with children.

(b) In addition to fulfilling the requirements of section 111 and 23 Pa.C.S. § 6344.2
(relating to information relating to other persons having contact with children),
before a school entity or independent contractor may offer employment to an applicant
who would be employed by or in a school entity in a position involving direct contact
with children, the school entity or independent contractor shall:

(1) Require the applicant to provide:

(i) A list, including name, address, telephone number and other relevant contact information
of the applicant's:

(A) Current employer.

(B) All former employers that were school entities.

(C) All former employers where the applicant was employed in positions that involved direct
contact with children.

(ii) A written authorization that consents to and authorizes disclosure by the applicant's
current and former employers under subparagraph (i) of the information requested under
paragraph (2) and the release of related records and that releases those employers
from liability that may arise from such disclosure or release of records pursuant
to subsection (d)(5).

(iii) A written statement of whether the applicant:

(A) has been the subject of an abuse or sexual misconduct investigation by any employer,
State licensing agency, law enforcement agency or child protective services agency,
unless the investigation resulted in a finding that the allegations were false;

(B) has ever been disciplined, discharged, nonrenewed, asked to resign from employment,
resigned from or otherwise separated from any employment while allegations of abuse
or sexual misconduct as described in clause (A) were pending or under investigation,
or due to an adjudication or findings of abuse or sexual misconduct as described in
clause (A); or

(C) has ever had a license, professional license or certificate suspended, surrendered
or revoked while allegations of abuse or sexual misconduct as described in clause
(A) were pending or under investigation, or due to an adjudication or findings of
abuse or sexual misconduct as described in clause (A).

(2) Conduct a review of the employment history of the applicant by contacting those employers
listed by the applicant under the provisions of paragraph (1)(i) and requesting the
following information:

(i) The dates of employment of the applicant.

(ii) A statement as to whether the applicant:

(A) was the subject of any abuse or sexual misconduct investigation by any employer, State
licensing agency, law enforcement agency or child protective services agency, unless
such investigation resulted in a finding that the allegations were false;

(B) was disciplined, discharged, nonrenewed, asked to resign from employment, resigned
from or otherwise separated from any employment while allegations of abuse or sexual
misconduct as described in clause (A) were pending or under investigation, or due
to an adjudication or findings of abuse or sexual misconduct described in clause (A);
or

(C) has ever had a license, professional license or certificate suspended, surrendered
or revoked while allegations of abuse or sexual misconduct as described in clause
(A) were pending or under investigation, or due to an adjudication or findings of
abuse or sexual misconduct as described in clause (A).

(3) Check the eligibility for employment or certification status of any applicant for
a position involving direct contact with children to determine whether the applicant
holds valid and active certification appropriate for the position and is otherwise
eligible for employment and whether the applicant has been the subject of public professional
discipline.

(4) Inquire whether the Department of Education has received notification of pending criminal
charges against the applicant.

(c) An applicant who provides false information or wilfully fails to disclose information
required in subsection (b) shall be subject to discipline up to, and including, termination
or denial of employment and may be subject to criminal prosecution under 18 Pa.C.S.
§ 4904 (relating to unsworn falsification to authorities), and may be subject to civil
penalties and professional discipline in accordance with subsection (l).

(d) (1) No later than twenty (20) days after receiving a request for information required
under subsection (b)(2), an employer that has or had an employment relationship with
the applicant shall disclose the information requested.

(2) The employer shall disclose the information on a standardized form developed by the
Department of Education.

(3) (i) After reviewing the information initially disclosed under paragraph (1) and finding
an affirmative response to subsection (b)(1)(iii)(A), (B) or (C), (2)(ii)(A), (B)
or (C) where the prospective employing school entity or contractor makes a determination
to further consider the applicant for employment, the school entity or contractor
shall request that former employers provide additional information about the matters
disclosed and all related records.

(ii) Former employers shall provide the additional information requested no later than
sixty (60) days after the prospective employer's request under this paragraph.

(4) (i) Information received under this section shall not be deemed a public record for the
purposes of the act of February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know
Law."

(ii) A school entity that receives the information under this subsection may use the information
for the purpose of evaluating an applicant's fitness to be hired or for continued
employment and may report the information as appropriate to the Department of Education,
a State licensing agency, law enforcement agency, child protective services agency,
another school entity or prospective employer.

(5) An employer, school entity, school administrator or independent contractor that provides
information or records about a current or former employe or applicant shall be immune
from criminal liability under 23 Pa.C.S. Ch. 63 (relating to child protective services)
and the act of December 12, 1973 (P.L.397, No.141), known as the "Educator Discipline
Act," and civil liability for the disclosure of the information, unless the information
or records provided were knowingly false. Such immunity shall be in addition to and
not in limitation of any other immunity provided by law or any absolute or conditional
privileges applicable to such disclosures by virtue of the circumstances or the applicant's
consent thereto.

(6) Except where the laws of other states prevent the release of the information or records
requested, or disclosure is restricted by the terms of a contract entered into prior
to the effective date of this section, the wilful failure of a former employer, school
entity, school administrator or independent contractor to respond or provide the information
and records as requested may result in civil penalties, and professional discipline
where appropriate, in accordance with subsection (l).

(7) Notwithstanding any provision of law to the contrary, an employer, school entity,
school administrator, independent contractor or applicant shall report and disclose
in accordance with this section all relevant information, records and documentation
that may otherwise be confidential under 23 Pa.C.S. Ch. 63 and the "Educator Discipline
Act."

(e) (1) A school entity or independent contractor may not hire an applicant who does not provide
the information required under subsection (b) for a position involving direct contact
with children.

(2) A school entity or independent contractor may hire an applicant on a provisional basis
for a period not to exceed ninety (90) days pending the school entity's or independent
contractor's review of information and records received under this section, provided
that all of the following are satisfied:

(i) The applicant has provided all of the information and supporting documentation required
under subsection (b).

(ii) The school administrator has no knowledge of information pertaining to the applicant
that would disqualify the applicant from employment.

(iii) The applicant swears or affirms that the applicant is not disqualified from employment.

(iv) The applicant is not permitted by the school entity or independent contractor to work
alone with children and is required to work in the immediate vicinity of a permanent
employe.

(f) On or after the effective date of this section, a school entity or independent contractor
may not enter into a collective bargaining agreement, an employment contract, an agreement
for resignation or termination, a severance agreement or any other contract or agreement
or take any action that:

(1) has the effect of suppressing information relating to an investigation related to
a report of suspected abuse or sexual misconduct by a current or former employe;

(2) affects the ability of the school entity or independent contractor to report suspected
abuse or sexual misconduct to the appropriate authorities; or

(3) requires the school entity or independent contractor to expunge information about
allegations or findings of suspected abuse or sexual misconduct from any documents
maintained by the school entity or independent contractor, unless after investigation
the allegations are found to be false.

(g) Any provision of an employment contract or agreement for resignation or termination
or a severance agreement that is executed, amended or entered into after the effective
date of this section and that is contrary to this section shall be void and unenforceable.

(h) (1) For substitute employes, the employment history review required by this section shall
be required only prior to the initial hiring of a substitute employe or placement
on the school entity's approved substitute list and shall remain valid as long as
the substitute employe continues to be employed by the same school entity or remains
on the school entity's approved substitute list.

(2) A substitute employe seeking to be added to another school entity's substitute list
shall undergo a new employment history review. Except as otherwise provided in paragraph
(3), the appearance of a substitute employe on one school entity's substitute list
does not relieve another school entity from compliance with this section.

(3) An employment history review conducted upon initial hiring of a substitute employe
by an independent contractor, intermediate unit or any other entity that furnishes
substitute staffing services to school entities shall satisfy the requirements of
this section for all school entities using the services of that independent contractor,
intermediate unit or other entity.

(4) An independent contractor, intermediate unit or any other entity furnishing substitute
staffing services to school entities shall comply with the provisions of subsection
(i)(3) and (4).

(5) For purposes of this subsection, "substitute employe" shall not mean school bus drivers
employed by an independent contractor.

(i) (1) For employes of independent contractors, the employment history review required by
this section shall be performed, either at the time of the initial hiring of the employe
or prior to the assignment of an existing employe to perform work for a school entity
in a position involving direct contact with children. The review shall remain valid
as long as the employe remains employed by the same independent contractor, even if
assigned to perform work for other school entities.

(2) An independent contractor shall maintain records documenting employment history reviews
for all employes as required by this section and, upon request, shall provide a school
entity for whom an employe is assigned to perform work access to the records pertaining
to that employe.

(3) Prior to assigning an employe to perform work for a school entity in a position involving
direct contact with children, the independent contractor shall inform the school entity
of any instance known to the independent contractor in which the employe:

(i) was the subject of any abuse or sexual misconduct investigation by any employer, State
licensing agency, law enforcement authority or child protective services agency, unless
such investigation resulted in a finding that allegations are false;

(ii) has ever been disciplined, discharged, nonrenewed, removed from a substitute list,
asked to resign from employment, resigned from or otherwise separated from any employment
while allegations of abuse or sexual misconduct as described in subparagraph (i) were
pending or under investigation, or due to an adjudication or findings of abuse or
sexual misconduct as described in subparagraph (i); or

(iii) has ever had a license, professional license or certificate suspended, surrendered
or revoked while allegations of abuse or sexual misconduct as described in subparagraph
(i) were pending or under investigation, or due to an adjudication or findings of
abuse or sexual misconduct as described in subparagraph (i).

(4) The independent contractor may not assign the employe to perform work for the school
entity in a position involving direct contact with children where the school entity
objects to the assignment after being informed of an instance listed in paragraph
(3).

(j) An applicant who has undergone the employment history review required under this section
and seeks transfer to or to provide services to another school in the same district,
diocese or religious judicatory or to another school established and supervised by
the same organization shall not be required to obtain additional reports before making
such transfer.

(k) Nothing in this section shall be construed:

(1) To prevent a prospective employer from conducting further investigations of prospective
employes or from requiring applicants to provide additional background information
or authorizations beyond what is required under this section, nor to prevent a former
employer from disclosing more information than what is required under this section.

(2) To relieve a school entity, school administrator or independent contractor of its
legal responsibility to report suspected incidents of abuse in accordance with the
provisions of 23 Pa.C.S. Ch. 63.

(3) To relieve a school entity, school administrator or independent contractor of its
legal responsibility to report suspected incidents of professional misconduct in accordance
with the "Educator Discipline Act."

(4) To prohibit the right of the exclusive representative under a collective bargaining
agreement to grieve and arbitrate the validity of an employe's termination or discipline
for just cause or for the causes set forth in this act.

(l) (1) The Department of Education shall have jurisdiction to determine wilful violations
of this section and may, following a hearing, assess a civil penalty not to exceed
ten thousand dollars ($10,000). School entities shall be barred from contracting with
an independent contractor who is found to have wilfully violated the provisions of
this section.

(2) Notwithstanding any provision of law to the contrary, the Department of Education
may initiate disciplinary action before the Professional Standards and Practices Commission
pursuant to the "Educator Discipline Act" against any applicant, employe, independent
contractor or school administrator who is subject to the "Educator Discipline Act"
for wilful violations of this section.

(m) The Department of Education shall develop the forms for applicants and employers required
under subsection (b)(1) and (2), as well as any other forms necessary to carry out
the provisions of this section.

(n) As used in this section, the following words and phrases shall have the meanings given
to them in this subsection:

"Abuse." Conduct that falls under the purview and reporting requirements of 23 Pa.C.S. Ch.
63 and is directed toward or against a child or a student, regardless of the age of
the child or student.

"Direct contact with children." The possibility of care, supervision, guidance or control of children or routine interaction
with children.

"School entity." Any public school, including a charter school or cyber charter school, private school,
nonpublic school, intermediate unit or area vocational-technical school operating
within this Commonwealth.

"Sexual misconduct." Any act, including, but not limited to, any verbal, nonverbal, written or electronic
communication or physical activity, directed toward or with a child or a student regardless
of the age of the child or student that is designed to establish a romantic or sexual
relationship with the child or student. Such acts include, but are not limited to:

(1) Sexual or romantic invitation.

(2) Dating or soliciting dates.

(3) Engaging in sexualized or romantic dialog.

(4) Making sexually suggestive comments.

(5) Self-disclosure or physical exposure of a sexual, romantic or erotic nature.

(6) Any sexual, indecent, romantic or erotic contact with the child or student.

(111.1 added Oct. 22, 2014, P.L.2624, No.168)

19490014u111.2s

Section 111.2. Electronic Public Safety and Criminal Justice Information.--(a) Subject to subsection (b), the Department of Education shall obtain and monitor public
safety and criminal justice information, including, but not limited to, arrest and
disposition information, for all educators from any Statewide electronic database
to the extent such public safety and criminal justice information is available to
the Department of Education and shall use such information for certification and discipline
purposes.

(b) For purposes of this section, "educator" shall mean all of the following:

(1) Any person who holds a Commonwealth of Pennsylvania certificate, commission, letter
of eligibility or permit issued under this act or under the act of January 28, 1988
(P.L.24, No.11), known as the "Private Academic Schools Act," or who has applied for
a certificate, commission, letter of eligibility or permit.

(2) Any person who is a charter or cyber charter school staff member or who is a contracted
educational provider or contracted educational provider staff member as those terms
are defined in the act of December 12, 1973 (P.L.397, No.141), known as the "Educator
Discipline Act."

(3) Any person over whom the Professional Standards and Practices Commission has disciplinary
authority pursuant to the "Educator Discipline Act."

(111.2 added Oct. 22, 2014, P.L.2624, No.168)

19490014u112s

Section 112. Report of Racial and Ethnic Groupings.--The Department of Education shall conduct
a thorough review of the 1991-1992 PennData report "Statistical Summary for 1991-1992"
and identify those school districts that have special education enrollments whose
gender and ethnic representation exceeds by five percent (5%) the gender and ethnic
makeup of the student population for the 1991-1992 school year. The Department of
Education shall report to the Committee on Education in the Senate and the Committee
on Education in the House of Representatives by October 1993 the findings of the review
by the Department of Education, an outline of what further investigative steps should
be taken, recommendations for appropriate actions to be taken by the Department of
Education and any technical assistance services to be provided by the Department of
Education to school districts.

(112 added June 7, 1993, P.L.49, No.16)

19490014u113s

Section 113. Study of Public Schools that Provide Internet Instruction.--(a) The Department of Education shall conduct a study of public schools that provide instruction
primarily through the Internet. The study shall include:

(1) a review of academic accountability methods and systems;

(2) a summary of governance structures, approval processes and oversight mechanisms of
each public school that provides instruction primarily through the Internet;

(3) an analysis and verification of the actual and reasonable instructional cost per student
for each public school that provides instruction primarily through the Internet; and

(4) recommendations regarding funding alternatives.

(b) The Department of Education shall prepare a report that includes its findings and
recommendations from the study and shall provide the report to the chairman and the
minority chairman of the Education Committee of the Senate and the chairman and minority
chairman of the Education Committee of the House of Representatives by October 30,
2001.

(c) In the event that the report required under subsection (b) is not provided by October
30, 2001, no school district shall pay to any public school that provides instruction
primarily through the Internet an amount to exceed two thousand dollars ($2,000) per
resident student enrolled.

(113 added June 22, 2001, P.L.530, No.35)

19490014u114s

Section 114. Report of Graduate Rates for Certain Colleges and Universities.--(a) The Department of Education shall annually conduct a survey related to completion
of undergraduate degree programs by students who are residents of this Commonwealth
in four-year, public colleges and universities and in private, not-for-profit colleges
and universities in this Commonwealth. The survey shall include the following information
for each college or university:

(1) the number and percentage of first-time, full-time students who graduate in four (4)
years or less; and

(2) the number and percentage of first-time, full-time students enrolled in approved five-year
programs who graduate in five (5) years or less.

(b) By January 15, 2003, and each year thereafter, the department shall publish the results
of the survey on its World Wide Web site and provide a copy to the Governor, the chairman
and minority chairman of the Appropriations Committee of the Senate, the chairman
and minority chairman of the Appropriations Committee of the House of Representatives,
the chairman and minority chairman of the Education Committee of the Senate and the
chairman and minority chairman of the Education Committee of the House of Representatives.

(c) The department shall develop guidelines to implement the requirements of this section.

(114 added June 29, 2002, P.L.524, No.88)

19490014u115s

Section 115. Optometric Externs.--(a) Notwithstanding the provisions of section 6 of the act of June 6, 1980 (P.L.197, No.57),
known as the "Optometric Practice and Licensure Act," an optometric extern who is
performing procedures and tests for the sole purpose of clinical instruction and experience
under the direct supervision of a licensed health care professional in this Commonwealth
shall be defined as a student enrolled in an accredited school or college of optometry
in the United States.

(b) An optometric extern may not independently practice optometry.

(115 added July 4, 2004, P.L.536, No.70)

19490014u116s

Section 116. Technical Assistance and Information Provided by Department of Education.--(a) A school district or school identified for warning, school improvement or corrective
action shall be eligible for technical assistance from the Department of Education.

(b) Within ten (10) days of a request from the board of school directors of an eligible
school district, the Department of Education shall provide technical assistance to
the school district or any school within the school district identified for warning,
school improvement or corrective action. Such technical assistance shall include,
but shall not be limited to:

(1) Assistance to analyze data from the Pennsylvania System of School Assessment test
or any other test established by the State Board of Education for the purpose of assessing
student progress toward or attainment of an academic performance target.

(2) Assistance to identify and implement professional development and instructional strategies
and methods to improve the academic performance of students in subject areas for which
an academic performance target has been established and has not been met.

(3) Assistance to analyze the school district's budget or parts thereof to enable the
school district to more effectively allocate its resources.

(4) Identification, training and assignment of educational advisors to schools eligible
for school improvement or corrective action.

(5) Identification and implementation of professional development and instructional strategies
and methods to improve the academic performance of students who are classified as
students with disabilities, as limited English proficient students or as students
who have been enrolled in a school district for less than two (2) school years.

(c) The Department of Education shall establish a clearinghouse of information related
to specific strategies for improving the academic performance of students in eligible
school districts. Such clearinghouse shall include best practices, methods and instructional
strategies based on scientific research, including, but not limited to:

(1) Parental involvement programs and policies.

(2) Classroom instructional strategies.

(3) Curriculum redesign.

(4) School safety.

(5) Tutoring programs.

(d) In order to fulfill its duties under this section, the Department of Education may,
in consultation with a school district, assign personnel of the Department of Education
or contract with outside providers to ensure that the requirements of subsection (b)
are met.

(e) Nothing contained in this section shall supersede or preempt any provision of a collective
bargaining agreement between a school district and an employe organization.

(116 added July 14, 2005, P.L.308, No.55)

19490014u117s

Section 117. Prohibition of Certain Regulations for the 2008-2009 Fiscal Year.--Notwithstanding
any provision of law to the contrary, in the 2008-2009 fiscal year, a regulation to
change or establish high school graduation requirements shall not be further promulgated,
approved or proposed.

Section 118. Collection of Identifying Information of Students Attending Institutions of Higher
Education.--(a) The following provisions shall apply to the Department of Education's collection of
identifying information of students:

(1) The department may collect identifying information of students only if:

(i) the department is specifically required to do so under Federal statute or regulation
or under another provision of this act; or

(ii) the information is voluntarily provided by an institution of higher education.

((1) amended June 30, 2012, P.L.684, No.82)

(2) To the extent the department may collect identifying information of a student under
clause (1), the following shall apply:

(i) Before collecting any identifying information from an institution of higher education,
the department shall provide the institution of higher education with written notice
of the identifying information the department seeks to collect and the date by which
a student who wishes to do so may opt out of the department's information collection.

(ii) Upon receiving the notice required under subparagraph (i), the institution of higher
education shall provide those students who are subject to the request for identifying
information with electronic notice of the department's request and of the students'
ability to opt out of the department's collection of identifying information by the
date identified by the department in subparagraph (i). The notice shall direct students
to an Internet website maintained by the department which shall contain the following
information:

(A) A description of the identifying information the department seeks to collect.

(B) A statement of the department's legal authority to collect the identifying information.

(C) A statement informing students that, by the date identified by the department in subparagraph
(i), they may opt out of the department's collection of identifying information.

(D) An electronic link the student may use to opt out of the department's collection of
identifying information.

(iii) Following the opt-out date identified by the department in subparagraph (i), the department
shall provide the institution of higher education with a list of those students who
have opted out of the department's collection of identifying information.

(iv) The institution of higher education may provide the department with identifying information
for only those students who have not opted out of the department's collection of identifying
information.

(3) Notwithstanding clause (1), the department may collect student information in an aggregated
format that does not reveal the identifying information of an individual student.

(4) To the extent the Family Educational Rights and Privacy Act of 1974 (Public Law 90-247,
20 U.S.C. § 1232g) or a successor Federal statute requires an institution of higher
education to obtain a student's written consent to the disclosure of identifying information,
those provisions shall apply.

(5) An institution of higher education that discloses identifying information to the department
at the department's request shall not be held liable in any court of law for any breach
of confidentiality pertaining to such identifying information that resulted from actions
of the department or the department's staff, contractors or researchers, whether paid
or unpaid.

(b) The Secretary of Education shall establish an advisory committee to offer recommendations
to the Department of Education concerning the department's collection of identifying
information and other data from institutions of higher education. The following shall
apply to the advisory committee established under this section:

(1) The secretary shall appoint six (6) members to the advisory committee, including the
following:

(i) A representative of a community college operating under Article XIX-A.

(ii) A representative of the State System of Higher Education.

(iii) A representative of an institution of higher education that is designated as "State-related"
by the Commonwealth.

(iv) A representative of an accredited private or independent college or university.

(v) A representative of a private licensed school.

(vi) A representative of the department's information technology staff.

(2) The advisory committee shall meet at least quarterly at the call of the secretary
or the secretary's designee, who shall serve as chairperson. The first meeting of
the advisory committee shall occur within sixty (60) days of the effective date of
this section.

(3) Members of the advisory committee shall serve without compensation.

(c) For purposes of this section, the following words and phrases shall have the following
meanings:

Compiler's Note: Section 5 of Act 97 of 2011, which added section 119, provided that Act 97 shall apply
to contracts and purchases advertised on or after January 1 of the year following
the effective date of section 5.

19490014u120s

Section 120. Adjustments Based on Consumer Price Index.--Adjustments to the base amounts shall
be made as follows:

(1) The Department of Labor and Industry shall determine the percentage change in the
Consumer Price Index for All Urban Consumers: All Items (CPI-U) for the United States
City Average as published by the United States Department of Labor, Bureau of Labor
Statistics, for the twelve-month period ending September 30, 2012, and for each successive
twelve-month period thereafter.

(2) If the Department of Labor and Industry determines that there is no positive percentage
change, then no adjustment to the base amounts shall occur for the relevant time period.

(3) (i) If the Department of Labor and Industry determines that there is a positive percentage
change in the first year that the determination is made under paragraph (1), the positive
percentage change shall be multiplied by each base amount, and the products shall
be added to the base amounts, respectively, and the sums shall be preliminary adjusted
amounts.

(ii) The preliminary adjusted amounts shall be rounded to the nearest one hundred dollars
($100) to determine the final adjusted base amounts.

(4) In each successive year in which there is a positive percentage change in the CPI-U
for the United States City Average, the positive percentage change shall be multiplied
by the most recent preliminary adjusted amounts, and the products shall be added to
the preliminary adjusted amount of the prior year to calculate the preliminary adjusted
amounts for the current year. The sums thereof shall be rounded to the nearest one
hundred dollars ($100) to determine the new final adjusted base amounts.

(5) The determinations and adjustments required under this section shall be made in the
period between October 1 and November 15, 2012, and annually between October 1 and
November 15 of each year thereafter.

(6) The final adjusted base amounts and new final adjusted base amounts obtained under
paragraphs (3) and (4) shall become effective January 1 for the calendar year following
the year in which the determination required under paragraph (1) is made.

(7) The Department of Labor and Industry shall publish notice in the Pennsylvania Bulletin
prior to January 1 of each calendar year of the annual percentage change determined
under paragraph (1) and the unadjusted or final adjusted base amounts determined under
paragraphs (3) and (4) at which competitive bidding is required and written or telephonic
price quotations are required, respectively, for the calendar year beginning the first
day of January after publication of the notice. The notice shall include a written
and illustrative explanation of the calculations performed by the Department of Labor
and Industry in establishing the unadjusted or final adjusted base amounts under this
section for the ensuing calendar year.

(8) The annual increase in the preliminary adjusted base amounts obtained under paragraphs
(3) and (4) shall not exceed three percent (3%).

(120 added June 30, 2012, P.L.684, No.82)

19490014u121s

Section 121. Keystone Exams.--(a) The Department of Education shall develop and implement Keystone Exams in algebra
I, literature and biology. The State Board of Education shall promulgate regulations,
subject to the act of June 25, 1982 (P.L.633, No.181), known as the "Regulatory Review
Act," necessary to implement this section. ((a) amended June 21, 2017, P.L.200, No.6)

(b) The following shall apply:

(1) Notwithstanding section 2604-B(b)(2)(v), 22 Pa. Code § 4.24 (relating to high school graduation requirements), 4.51 (relating to State assessment
system) or 4.51c (relating to project-based assessment) or any statute or regulation
to the contrary, the use of the Keystone Exams as a graduation requirement or as a
benchmark for the need for participation in a project-based assessment shall be delayed
until the 2019-2020 school year. ((1) amended Nov. 6, 2017, P.L.1142, No.55)

(2) The Department of Education shall investigate and develop alternatives in addition
to the use of the Keystone Exams as a requirement for graduation and shall, within
six (6) months of the effective date of this paragraph, issue a report of the Department
of Education's findings and recommendations, including proposed legislation, to the
chairman and minority chairman of the Education Committee of the Senate and the chairman
and minority chairman of the Education Committee of the House of Representatives.
The report shall, at a minimum, contain a detailed plan and timeline within which
the Department of Education shall accomplish all of the following:

(i) Implement alternative methods for students to demonstrate proficiency for graduation
in addition to the Keystone Exams, the project-based assessments and other alternative
assessments provided for in 22 Pa. Code § 4.24.

(ii) Improve and expedite the evaluation of project-based assessments.

(iii) Ensure that no student is prohibited from participation in vocational-technical education
or elective courses or programs as a result of supplemental instruction required in
22 Pa. Code §§ 4.24(k) and 4.51b(f) (relating to Keystone Exams).

(c) Notwithstanding section 2604-B(b)(2)(v), 22 Pa. Code § 4.24 (relating to high school
graduation requirements) or 4.51 (relating to State assessment system) or any statute
or regulation to the contrary, in any school year in which a demonstration of proficiency
on a Keystone Exam is required for high school graduation, a CTE Concentrator shall
be deemed proficient provided that the CTE Concentrator shall meet all of the following
requirements:

(1) completes locally established grade-based requirements for academic content areas
associated with each Keystone Exam on which the CTE Concentrator did not achieve proficiency.
For the purposes of this paragraph, completion of grade-based requirements in any
science and technology and environment and ecology course shall satisfy the requirements
for the academic content area associated with the Keystone Exam in biology; and

(2) completes one of the following:

(i) attains an industry-based competency certification related to the CTE Concentrator's
program of study; or

(ii) demonstrates a high likelihood of success on an approved industry-based competency
assessment or readiness for continued meaningful engagement in the CTE Concentrator's
program of study as demonstrated by performance on benchmark assessments, course grades
and other factors consistent with the CTE Concentrator's goals and career plan.

((c) added June 21, 2017, P.L.200, No.6)

(d) As used in this section, the following words and phrases shall have the meanings given
to them in this subsection unless the context clearly indicates otherwise:

"Approved industry-based competency assessment." A NOCTI exam, NIMS assessment or other industry-based competency assessment identified
by the Secretary of Education and approved by the State Board of Education.

"CTE Concentrator." A student who, by the end of a reporting year, will be reported as successfully completing
at least fifty percent (50%) of the minimum technical instructional hours required
under 22 Pa. Code Ch. 339 (relating to vocational education).

"NIMS assessment." An assessment based on the National Institute for Metalworking Skills standards.

Section 122. Special Education Funding Commission.--(a) There is hereby established a Special Education Funding Commission.

(b) The Special Education Funding Commission shall review and make recommendations related
to special education funding as provided in this section.

(c) (1) The commission shall consist of the following members:

(i) The chair and minority chair of the Education Committee of the Senate and the chair
and minority chair of the Education Committee of the House of Representatives, or
their designees.

(ii) Two (2) legislators from each of the four (4) legislative caucuses, to be appointed
by the President pro tempore of the Senate and the Speaker of the House of Representatives
in consultation with the Majority and Minority Leaders of the Senate and the Majority
and Minority Leaders of the House of Representatives.

(iii) The Secretary of Education or a designee.

(iv) The Secretary of the Budget or a designee.

(v) The Deputy Secretary for Elementary and Secondary Education or a designee.

(2) The commission shall appoint a member to serve as chair of the commission.

(d) The commission shall hold its first meeting within thirty (30) days of the effective
date of this section, regardless of whether the Governor or all legislative caucuses
have actually approved members to the commission.

(e) The commission shall hold meetings at the call of the chair.

(f) The members may not receive compensation for their services but shall be reimbursed
for all necessary travel and other reasonable expenses incurred in connection with
the performance of their duties as members of the commission.

(g) The General Assembly shall provide administrative support, meeting space and any other
assistance required by the commission to carry out its duties under this section in
cooperation with the department. The department shall provide the commission with
data, research and other information upon request by the commission.

(h) The commission shall develop a special education formula and identify factors that
may be used to determine the distribution of a change in special education funding
among the school districts in this Commonwealth.

(i) The commission shall have all of the following powers and duties:

(1) Review and make findings and recommendations related to special education funding
in this Commonwealth.

(2) Consult with and utilize experts to assist in carrying out the duties under this subsection.

(3) Receive input from interested parties, including, but not limited to, charter and
cyber charter school operators, and gather information on the identification of children
as eligible students by charter and cyber charter schools. The commission shall also
receive input and gather information on charter and cyber charter school funding reimbursements
regarding eligible students. The commission shall draft proposed regulations and proposed
legislation based on its findings.

(4) Hold public hearings in different regions of this Commonwealth.

(5) Issue a report of its findings and recommendations to the Governor, the President
pro tempore of the Senate, the Majority Leader and Minority Leader of the Senate,
the Education Committee of the Senate, the Speaker of the House of Representatives,
the Majority Leader and Minority Leader of the House of Representatives, the Education
Committee of the House of Representatives, the Secretary of Education and the State
Board of Education not later than November 30, 2013. ((5) amended July 9, 2013, P.L.408,
No.59)

(6) Determine the factors under this paragraph that may include all of the following:

(i) Three (3) cost categories of eligible students, established so that students with
disabilities typically requiring the least intensive range of services would comprise
Cost Category 1, students with disabilities typically requiring a middle range of
services would comprise Cost Category 2 and students with disabilities typically requiring
the most intensive range of services would comprise Cost Category 3. The commission
shall determine a description of and parameters for each of the three (3) cost categories.

(ii) A student count for each school district averaged for each of the three (3) most recent
years for each cost category of eligible students. For Cost Category 3, the number
of eligible students residing or enrolled in the school district and classified in
Cost Category 3 shall be calculated in a manner that limits the potential incentive
for school districts to overidentify, except for the number of eligible students who
are placed by the school district and served in public or private separate schools,
residential placements or homebound or hospital placements.

(iii) A weighting factor that differs for each of the three (3) cost categories of students
with disabilities based on the typical range of services for each cost category.

(iv) Adjustments for any of the following:

(A) The market value/personal income aid ratio averaged for each of the three (3) most
recent years for each school district.

(B) The equalized millage rate averaged for each of the three (3) most recent years for
each school district.

(C) Geographic price differences identified for each school district.

(v) A proportional system for distributing the changes in special education funding among
the school districts, based on factors listed in this section.

(vi) Development and implementation by the department of improved systems for collecting
and documenting student enrollment and membership in public schools, including revised
methods for calculating average daily membership.

(vii) Other factors related to the distribution of special education funding.

(7) Review and consider special education funding factors utilized throughout the United
States.

(8) In developing the special education funding factors under subsection (h) and in completing
the report required under this subsection, consider the impact these factors may have
on the distribution of special education funding among the school districts.

(9) Review the administration of State and regional special education programs and services
to determine if cost savings may be achieved and make recommendations to implement
the savings.

(10) Consult with and utilize experts to assist the commission in carrying out the duties
under this subsection.

(11) Prior to recommending a special education formula under this section, consider nationally
accepted accounting and budgeting standards.

(j) The special education formula developed by the commission shall not go into effect
unless the formula is approved by an act of the General Assembly enacted after the
effective date of this section.

(k) Every five (5) years the commission shall be reconstituted in accordance with subsection
(c) and shall meet and hold public hearings to review the operation of the special
education funding provisions of this section, shall make a further report and shall
issue the report to the recipients listed in subsection (i)(5). When in receipt of
a further report recommending changes to the special education funding formula, the
General Assembly shall consider and take action to enact the formula into law in accordance
with subsection (j).

(l) The General Assembly shall, through the annual appropriations process, determine the
level of State funding for special education and the amount of any change in funding.
The special education formula developed under this section shall determine only the
distribution of any increase in special education funding among the school districts
of this Commonwealth above the amount of special education funding in the base year
and shall not be used for any other purpose.

(m) Notwithstanding any provision of law to the contrary, for the 2013-2014 school year
and each school year thereafter, any State funding for special education in an amount
that does not exceed the amount of State funding for special education in the base
year shall be allocated in the same manner as the State funding was allocated in the
base year.

(n) As used in this section, the following words and phrases shall have the meanings given
to them in this subsection unless the context clearly indicates otherwise:

"Base year." Fiscal year 2010-2011.

"Commission." The Special Education Funding Commission established under this section.

"Department." The Department of Education of the Commonwealth.

(122 added Apr. 25, 2013, P.L.12, No.3)

19490014u122v

Compiler's Note: See the preamble to Act 59 of 2013 in the appendix to this act for special provisions
relating to legislative findings and declarations.

Compiler's Note: Section 4 of Act 3 of 2013 provided that the Secretary of Education shall propose
regulations for promulgation by the State Board of Education which implement section
122.

(b) The commission shall review and make recommendations related to basic education
funding as provided in this section.

(c) (1) The commission shall consist of the following members:

(i) The chair and minority chair of the Education Committee of the Senate and the
chair and minority chair of the Education Committee of the House of Representatives
or their designees.

(ii) Two (2) legislators from each of the four (4) legislative caucuses, to be appointed
by the President pro tempore of the Senate and the Speaker of the House of Representatives,
in consultation with the Majority Leader and Minority Leader of the Senate and the
Majority Leader and Minority Leader of the House of Representatives.

(iii) The Secretary of Education or a designee.

(iv) The Deputy Secretary for Elementary and Secondary Education or a designee.

(v) An individual appointed by the Governor from within the Governor's Administration.

(2) The commission shall appoint a member to serve as chair of the commission.

(d) The commission shall hold its first meeting within forty-five (45) days of the
effective date of this section, regardless of whether the Governor or all legislative
caucuses have actually approved members to the commission.

(e) The commission shall hold meetings at the call of the chair.

(f) The members may not receive compensation for their services but shall be reimbursed
for all necessary travel and other reasonable expenses incurred in connection with
the performance of their duties as members of the commission.

(g) The General Assembly shall provide administrative support, meeting space and
any other assistance required by the commission to carry out its duties under this
section in cooperation with the department. The department shall provide the commission
with data, research and other information upon request by the commission.

(h) The commission shall develop a basic education funding formula and identify factors
that may be used to determine the distribution of basic education funding among the
school districts in this Commonwealth. The factors identified under this subsection
may include all of the following:

(1) The market value/personal income aid ratio averaged for each of the three (3)
most recent years for each school district.

(2) The equalized millage rate averaged for each of the three (3) most recent years
for each school district.

(3) Geographic price differences identified for each school district.

(4) Whether a school district has experienced exceptionally high enrollment growth.

(5) Whether a school district has an exceptionally high level of local support.

(6) Whether a school district has a high level of its students in poverty as identified
as eligible for free or reduced price meals under the National School Lunch Program.

(7) Whether a school district has students identified as limited English proficient.

(8) Whether the district has a scarce or dense population in relation to the district
size.

(9) Other factors related to the distribution of basic education funding.

(i) The commission shall have all of the following powers and duties:

(1) Review and make findings and recommendations related to basic education funding
in this Commonwealth.

(2) Consult with and utilize experts to assist the commission in carrying out the
duties under this subsection.

(3) Receive input from interested parties, including, but not limited to, school
districts and charter and cyber charter school operators.

(4) Hold public hearings in different regions of this Commonwealth.

(5) Review and consider basic education funding formulas and factors utilized throughout
the United States.

(6) In identifying the basic education funding factors under subsection (h) and in
completing the report required under this subsection, consider the impact these factors
may have on the distribution of basic education funding among the school districts.

(7) Review the administration of State and regional basic education programs and
services to determine if cost savings may be achieved and make recommendations to
implement the savings.

(8) Prior to recommending a basic education funding formula under this section, consider
the potential consequences of a basic education funding formula that does not allocate
to each school district at least the same level or proportion of State basic education
funding as the school district received in the prior school year.

(11) Draft proposed regulations and proposed legislation based on the commission's
findings.

(12) Issue a report of the commission's findings and recommendations to the Governor,
the President pro tempore of the Senate, the Majority Leader and Minority Leader of
the Senate, the Education Committee of the Senate, the Speaker of the House of Representatives,
the Majority Leader and Minority Leader of the House of Representatives, the Education
Committee of the House of Representatives, the Secretary of Education and the State
Board of Education not later than one (1) year after the effective date of this section.

(j) The basic education formula developed by the commission shall not go into effect
unless the formula is approved by an act of the General Assembly enacted after the
effective date of this section.

(k) Every five (5) years, the commission shall be reconstituted in accordance with
subsection (c), shall meet and hold public hearings to review the operation of the
basic education funding provisions of this section, shall make a further report and
shall issue the report to the recipients listed in subsection (i)(12).

(l) The General Assembly shall, through the annual appropriations process, determine
the level of State funding for basic education.

(m) As used in this section, the following words and phrases shall have the meanings
given to them in this subsection unless the context clearly indicates otherwise:

"Commission." The Basic Education Funding Commission established under this section.

"Department." The Department of Education of the Commonwealth.

(123 added June 10, 2014, P.L.675, No.51)

19490014u124s

Section 124. Powers and Duties of the Secretary of Education.--(a) On behalf of the Commonwealth, the Secretary of Education shall have the authority
and duty to enter into and administer membership in a regional compact and an interstate
reciprocity agreement for the provision of postsecondary distance education by the
following:

(1) Institutions of higher education to students in other states, territories and districts
party to such agreement.

(2) Postsecondary institutions in other states, territories or districts that are a party
to such agreement to students in this Commonwealth.

(b) The Department of Education may charge administrative fees to institutions of higher
education that choose to participate in the agreement, not to exceed the amount necessary
to pay the administrative costs of the agreement. The department may promulgate final-omitted
regulations pursuant to the act of June 25, 1982 (P.L.633, No.181), known as the "Regulatory
Review Act," necessary to implement this subsection, provided that such final-omitted
regulations shall expire June 30, 2018. After June 30, 2018, any revisions to the
administrative fees charged under this subsection shall be made through regulations
promulgated under the "Regulatory Review Act."

(c) The Postsecondary Distance Education Interstate Reciprocity Agreement Restricted Receipts
Account is established as a special restricted receipts account within the General
Fund of the State Treasury, from which the Department of Education may draw moneys
for the purpose of agreement expenses, the costs of administering and implementing
the agreement and all other costs associated with the activities of the department
related to implementation of this section. This account shall consist of all administrative
fees deposited under subsection (b) and State funds appropriated for use under this
section. The restricted receipts account shall be subject to audit by the Auditor
General.

(d) For purposes of this section, "institution of higher education" shall have the meaning
given in section 118.

(124 added June 1, 2016, P.L.252, No.35)

19490014u125s

Section 125. Duties of Public School Building Construction and Reconstruction Advisory Committee.--(a)
The Public School Building Construction and Reconstruction Advisory Committee established
under section 1708-E.2 of the act of April 9, 1929 (P.L.343, No.176), known as The
Fiscal Code, as part of its duties shall review and report on whether the Commonwealth
should implement a comprehensive public school building safety program, which may
include:

(1) Regular safety inspections.

(2) Building and building component inspections.

(3) A system of rating school building safety.

(4) Periodic surveys of the inventory and condition of school buildings.

(5) Any other information related to school building safety in and of this Commonwealth's
public school buildings, as the committee deems appropriate.

(b) (Reserved).

(125 added July 13, 2016, P.L.716, No.86)

19490014u126s

Section 126. Every Student Succeeds Act State Plan Review.--(a) State plan submissions shall be developed by the department under section 1111 of
the Elementary and Secondary Education Act of 1965 (Public Law 89-110, 20 U.S.C. §
6311), as amended by the Every Student Succeeds Act (Public Law 114-95, 129 Stat.
1802), and submitted to the General Assembly as follows:

(1) The department shall develop State plan submissions with timely and meaningful consultation
with the chair and minority chair of the Education Committee of the Senate and the
chair and minority chair of the Education Committee of the House of Representatives,
with opportunity for input into the State plan submission's formation. Consultation
shall occur with regard to the initiatives that are newly created or that retain or
modify existing law or regulation with regard to the following:

(i) The use and format of student academic assessments, adjustments or alternatives to
existing student academic assessments.

(v) Vocational and career education academic assessments, pathways and standards.

(vi) Comparability and fairness in assessments of school districts, intermediate units,
area vocational-technical schools, charter schools and cyber charter schools.

(vii) School district or school building performance measures.

(viii) Contracting standards with regard to a third-party provision of the assessments or
evaluations provided for in the State plan.

(2) The department shall not make a State plan submission to the United States Secretary
of Education until the Education Committee of the Senate and the Education Committee
of the House of Representatives have been provided at least fifteen (15) days, prior
to the date of submission, to review and comment on the State plan submission. The
department shall present the State plan submission at a joint hearing of the Education
Committee of the Senate and the Education Committee of the House of Representatives,
if requested.

(3) Any State plan submission by the department shall include the comments submitted by
the Education Committee of the Senate and the Education Committee of the House of
Representatives.

(4) The department shall report on a quarterly basis to the Education Committee of the
Senate and the Education Committee of the House of Representatives regarding the progress
toward implementation of the State plan and its components.

(b) As used in this section, the following words and phrases shall have the meanings given
to them in this subsection unless the context clearly indicates otherwise:

"Department." The Department of Education of the Commonwealth.

"State plan." The State plan prepared by the department for the Commonwealth to implement, and submitted
to the United States Secretary of Education for approval as provided in, section 1111
of the Elementary and Secondary Education Act of 1965. The term includes:

(1) A provision within the State plan that is an election by the department to retain
and modify an existing law or regulation and a provision that will necessitate the
enactment of laws or the promulgation of regulations.

(2) A revision of the State plan which is:

(i) required by the United States Secretary of Education based on Federal law or its regulations;

(ii) pursued under a waiver process authorized under Federal law; or

(iii) required by a Federal reauthorization.

(126 added Nov. 6, 2017, P.L.1142, No.55)

19490014u201h

ARTICLE II.

SCHOOL DISTRICTS.

(a) Designation and Classification.

19490014u201s

Section 201. How Constituted.--All school districts shall remain as now constituted until changed
as authorized by this act. Except as otherwise now or hereafter constituted, each
city, incorporated town, borough, or township in this Commonwealth, now existing or
hereafter created, shall constitute a separate school district, to be designated and
known as the "School District of ...........................:" Provided, That where
any city, incorporated town, borough, or township, or a part of the school district
remaining after its separation would constitute a third or fourth class school district,
it shall remain a part of the school district to which it formerly belonged until
the change to a new school district is approved by the Council of Basic Education,
as hereinafter provided.

(201 amended Oct. 21, 1965, P.L.601, No.312)

19490014u202s

Section 202. Classification.--The several school districts of the Commonwealth are hereby divided
into five classes, as follows:

Each school district having a population of one million (1,000,000), or more, shall
be a school district of the first class;

Each school district having a population of two hundred fifty thousand (250,000),
or more, but of less than one million (1,000,000), shall be a school district of the
first class A;

Each school district having a population of thirty thousand (30,000), or more, but
of less than two hundred fifty thousand (250,000), shall be a school district of the
second class;

Each school district having a population of five thousand (5,000), or more, but of
less than thirty thousand (30,000), shall be a school district of the third class.

Each school district having a population of less than five thousand (5,000) shall
be a school district of the fourth class.

(202 amended June 22, 2001, P.L.530, No.35)

19490014u203s

Section 203. Creation of New Cities, Boroughs, and Townships.--When a new school district is formed
by the creation of a new city, borough, or township, the court of common pleas having
jurisdiction shall determine and enter in its decree the class of school districts
to which such new district, if formed, shall belong, and if of the first, first class
A, or second class, it shall thereupon become a new school district of such class.
If the newly created city, borough, or township would constitute a school district
of the fourth class, the court of common pleas having jurisdiction shall so certify
and a new school district shall be formed only if and when it is approved by the Council
of Basic Education as hereinafter provided.

(203 amended Oct. 21, 1965, P.L.601, No.312)

19490014u204s

Section 204. Basis for and Change of Classification.--Except as provided in clause (2) of this
section, the last United States census, as set forth in the official report thereof,
shall be the basis on which the population of the several school districts shall be
computed. A change from one class of school district to another shall be made in the
following cases, and in no other:--(Par. amended July 3, 1957, P.L.455, No.253)

(1) After the taking of a United States census showing the population of any school district
to be such as to entitle it to be changed from one class of school district to another;

(2) When a district, which at a decennial census, had sufficient population to entitle
it to an advance to another class of district, has since suffered a large decrease
in population, or which at a decennial census did not have sufficient population to
entitle it to an advance to another class of district and has since increased in population,
a census of the district may be authorized by the board of school directors of the
district, and, if it shall appear that said district has not the required population
to remain in the class in which the same then is or if it shall appear that the district
has sufficient population to entitle it to advance to another class of district, the
Superintendent of Public Instruction, on the request of the board of school directors
and upon receipt of the facts disclosed by said census, may issue his proclamation
declaring such district to be of the class to which it properly belongs, as disclosed
by the census of the school board. ((2) amended Aug. 11, 1959, P.L.667, No.217)

(3) Where the population of two districts combined subsequent to the taking of a United
States census and ascertained by such census is such as to entitle the new or combined
district to be in a class different from the class of either of the districts so combined;

(4) Where, since the last preceding United States census, any territory has been annexed
to any city, borough, town, or township, whereby the population of such city, borough,
town, or township has been increased, and the population of such annexed territory
cannot be ascertained from the last preceding census of the United States, the directors
of the school districts affected by such annexation may apply to the court of common
pleas for the appointment of a commissioner to make an enumeration of the population
of such annexed territory. The court shall certify the population of the annexed territory
so ascertained, together with the population of the city, borough, town, or township,
as shown by the last preceding United States census, to the Superintendent of Public
Instruction. The cost of the proceeding, including reasonable compensation for the
commissioner, to be fixed by the court, shall be paid by the school district.

19490014u205s

Section 205. Change of Class; How Effected.--Whenever it shall appear, in any case hereinafter
enumerated, that the population of any school district in this Commonwealth is such
that it should be included in another class of school districts, the Superintendent
of Public Instruction shall issue a certificate to said school district to that effect,
and such school district shall, with the beginning of the next school year after said
certificate has been issued, become a school district of the class to which it properly
belongs. The provisions of this section shall apply when:--

(1) The Superintendent of Public Instruction, after the taking of each United States census,
has canvassed the same, so far as it relates to the population of the several school
districts, which he is hereby required to do;

(2) Territory comprising a separate school district is annexed to a city, borough, or
township, and the decree of the court or the vote of the electors effecting such annexation
has been certified to the Superintendent of Public Instruction;

(3) Territory has been annexed to a city, borough, town, or township, and enumeration
of the population of such annexed territory has been made.

19490014u211h

(b) Powers and Duties, etc.

19490014u211s

Section 211. General Powers of Districts.--The several school districts in this Commonwealth shall
be, and hereby are vested as, bodies corporate, with all necessary powers to enable
them to carry out the provisions of this act.

19490014u212s

Section 212. Corporate Seal.--Each school district in this Commonwealth may, by a majority vote
of the members of the board of school directors of such district, adopt a corporate
seal for the use of said district. The seal shall have engraved thereon the following:
"School District of ........................, Pennsylvania," and such other inscription
or design as the board of school directors may direct.

19490014u213s

Section 213. Right to Sue and be Sued.--Each school district shall have the right to sue and be
sued in its corporate name. Any legal process against any school district shall be
served on the president or secretary of its board of school directors.

19490014u214s

Section 214. Competency as Witnesses.--No person, on account of being a taxpayer or resident in
any school district, shall, by reason thereof, be incompetent to testify in any suit
or action in which such school district is a party.

19490014u215s

Section 215. Conveyances by Districts.--Any deed for school property, properly executed and delivered
in the name of any school district as established by this act, shall convey to the
grantee the entire interest of the grantor in such property, irrespective of the manner
or name in which said property was conveyed to or acquired by, or is held by, the
school district conveying the same.

19490014u216s

Section 216. Gifts to Districts; Investment Accounts.--(a) It shall be lawful for any school district to receive and hold, absolutely or in trust,
any devise, bequest, grant, endowment, gift, or donation of any property, real or
personal, which shall be made to said school district or for any of the purposes of
this act. Any such devise, bequest, grant, endowment, gift, or donation shall be administered
by or under the direction of the board of directors of the district to which it is
made, subject to all the conditions and trusts thereto annexed. The board of school
directors shall not be obliged to accept any such devise, bequest, grant, endowment,
gift, or donation unless it deems it proper so to do.

(b) The board of school directors shall promptly invest, and keep invested as constantly
as possible and to the best advantage, any devise, bequest, grant, endowment, gift,
or donation accepted, and the proceeds thereof. Such investment may be made in obligations
declared to be legal investments in the act of May twenty-six, one thousand nine hundred
forty-nine (Pamphlet Laws 1828), known as the "Fiduciaries Investment Act of 1949."
((b) amended Sept. 27, 1955, P.L.649, No.172)

(c) It shall be the duty of the board of school directors to keep an accurate account
of all devises, bequests, grants, endowments, gifts, and donations accepted, the income
arising therefrom, the proceeds thereof, and the expenses of administering the same;
and at the end of each fiscal year to render a detailed statement of such devises,
bequests, grants, endowments, gifts, and donations, held and possessed by such school
district, the proceeds thereof, the investments which have been made therewith, the
income arising therefrom, the expenses of administration, and the purposes to which
the income arising therefrom have been applied. Such statement shall be audited as
hereinafter provided for the auditing of school finances.

19490014u217s

Section 217. Unlawful Gifts.--It shall be unlawful for any member of or any board of school directors
to demand, request, or accept, directly or indirectly, any gift or donation from any
teacher or supervisor within its employ.

19490014u218s

Section 218. Reports to Department of Education.--(a) An annual financial report shall be submitted to the Secretary of Education by each
school district, charter school, cyber charter school and area vocational-technical
school not later than the 31st day of October. All financial accounting and reporting
by school districts, charter schools, cyber charter schools and area vocational-technical
schools to the Department of Education shall be in accordance with generally accepted
accounting and reporting standards, except that management discussion and analysis
and related notes and the following financial statements shall not be required components
of the annual financial report: entity-wide financial statements, including the statement
of activities and the statement of net assets; the reconciliation of the balance sheet
- governmental funds to statement of net assets; and the reconciliation of the statement
of revenues, expenditures and changes in fund balances - governmental funds to statement
of activities. The Department of Education shall establish a reporting standard for
the annual financial report.

(b) The chief school administrator and board secretary of a school district, charter school,
cyber charter school or area vocational-technical school shall submit a signed statement
to the Department of Education not later than the 31st day of December of each year
certifying that: the audited financial statements of the school district, charter
school, cyber charter school or area vocational-technical school have been properly
audited pursuant to Article XXIV and that in the independent auditor's professional
opinion, the financial information submitted in the annual financial report was materially
consistent with the audited financial statements.

(c) If the financial information submitted in the annual financial report was not materially
consistent with the audited financial statements, the school district, charter school,
cyber charter school or area vocational-technical school shall submit a revised annual
financial report to the Department of Education not later than the 31st day of December.

(d) The Department of Education shall order the forfeiture penalties provided for under
section 2552.1(a.1) against a school district, charter school, cyber charter school
or area vocational-technical school for failure to timely submit an annual financial
report or revised annual financial report.

(218 amended Nov. 17, 2010, P.L.996, No.104)

19490014u218v

Compiler's Note: Section 24 of Act 104 of 2010, which amended section 218, provided that any regulations
that are inconsistent with Act 104 are hereby abrogated to the extent of the inconsistency.

19490014u219s

Section 219. National Assessment Tests.--A school district selected to participate in a national
assessment of public school students' education progress authorized by the Federal
Department of Education shall administer the assessment.

(219 added June 22, 2001, P.L.530, No.35)

19490014u220s

Section 220. State Report Card.--(a) The department shall create a State Report Card based on the information collected
pursuant to this section. The department:

(1) Shall inform the public of the availability of the State Report Card prior to publication.

(2) Shall publish on its World Wide Web site the State Report Card, providing information
at the State, local education agency and school levels. The State Report Card shall
include all of the following:

(i) Information regarding the number of schools and school districts that have achieved
adequate yearly progress and the number of schools and school districts that have
not achieved adequate yearly progress.

(ii) Information regarding the number of schools and school districts that have achieved
each academic performance target and the number of schools and school districts that
have not achieved each academic performance target.

(iii) Information regarding the number of schools and school districts in which more than
five percent (5%) of the students to whom the PSSA test was administered were enrolled
in the school district for less than two (2) school years as of the day on which the
PSSA test was administered.

(iv) Information regarding the number of schools and school districts identified under
subparagraph (iii) that have achieved each academic performance target and the number
of schools and school districts that have not achieved each academic performance target.
For the purposes of this subparagraph, achievement of the academic performance target
shall be calculated by excluding the PSSA test score of any student who was enrolled
in the school district for less than two (2) school years as of the day on which the
PSSA test was administered.

(v) Information regarding the number of schools and school districts in which more than
five percent (5%) of the students to whom the PSSA test was administered were classified
as limited English proficient as of the day on which the PSSA test was administered.

(vi) Information regarding the number of schools and school districts identified under
subparagraph (v) that have achieved each academic performance target and the number
of schools and school districts that have not achieved each academic performance target.
For the purposes of this subparagraph, achievement of the academic performance target
shall be calculated by excluding the PSSA test score of any student who was classified
as limited English proficient as of the day on which the PSSA test was administered.

(vii) Information regarding the number of schools and school districts in which more than
sixteen percent (16%) of the students to whom the PSSA test was administered were
classified as students with a disability as of the day on which the PSSA test was
administered.

(viii) Information regarding the number of schools and school districts identified under
subparagraph (vii) that have achieved each academic performance target and the number
of schools and school districts that have not achieved each academic performance target.
For the purposes of this subparagraph, achievement of the academic performance target
shall be calculated by excluding the PSSA test score of any student who was classified
as a student with a disability as of the day on which the PSSA test was administered.

(3) Shall issue guidelines concerning the collection and submission of data as necessary
to ensure continued compliance with Federal and State laws, regulations and standards.

(4) May conduct audits of the data submitted by local education agencies under subsection
(b) for the purpose of assuring accuracy and completeness. If the department determines
to conduct audits under this paragraph, the department shall issue guidelines for
the conduct of such audits, including the percentage of local education agencies to
be audited on a yearly basis. In conducting such audits, the department shall coordinate
with the Department of the Auditor General. Nothing in this section shall be construed
to expand the auditing authority of the Auditor General.

(b) A local education agency shall do all of the following:

(1) Collect data and submit it in a form and manner prescribed by the department. The
data shall include:

(i) The information described in section 1111(h)(1)(C) of the No Child Left Behind Act
of 2001 as applied to the local education agency as a whole and to each of its schools.

(ii) The information described in section 1111(h)(2)(B)(i) and (ii) of the No Child Left
Behind Act of 2001.

(iii) Any other information required to comply with the No Child Left Behind Act of 2001.

(iv) Any information described in 22 Pa. Code § 4.61 (relating to school profiles) that
is not included under subparagraph (i), (ii) or (iii).

(v) Information on the number of students to whom the PSSA test was administered who were
enrolled in the school district for less than two (2) school years as of the day on
which the PSSA test was administered.

(vi) Information on the number of students to whom the PSSA test was administered who were
classified as limited English proficient as of the day on which the PSSA test was
administered.

(vii) Information on the number of students to whom the PSSA test was administered who were
classified as students with a disability as of the day on which the PSSA test was
administered.

(2) Disseminate the information collected in paragraph (1) in accordance with the public
dissemination requirements of section 1111(h)(2)(E) of the No Child Left Behind Act
of 2001.

Nothing in this section shall excuse a local education agency from complying with
the requirements of the No Child Left Behind Act of 2001 not specifically referenced
in this section.

(c) Definitions.--As used in this section, the following words and phrases shall have
the meanings given to them in this subsection:

Compiler's Note: Section 4 of Act 153 of 2002, which added section 220, provided that the purpose of
section 220 is to provide the taxpayers and the parents of students in this Commonwealth
with information related to the performance of school districts, intermediate units,
area vocational-technical schools, charter schools and cyber charter schools; to assist
taxpayers and parents in making informed decisions about the performance of those
school entities; and to hold those school entities accountable to high academic standards.

19490014u221s

Section 221. Value-added Assessment System.--(a) Beginning on the effective date of this section, the Department of Education shall
make available on its publicly accessible Internet website the following:

(1) Value-added assessment system data for the school district level and the school level.
The Department of Education's disclosure of value-added assessment system data shall
be subject to the Family Educational Rights and Privacy Act of 1974 (Public Law 90-247,
20 U.S.C. § 1232g) or a successor Federal statute.

(2) Instructions that may assist the public in understanding and interpreting the data
provided under paragraph (1).

(b) For purposes of this section:

"Value-added assessment system" shall mean a statistical analysis of results on the
Pennsylvania System of School Assessment test or any other test established by the
State Board of Education to meet the requirements of section 2603-B(d)(10)(i) pursuant
to 22 Pa. Code § 403.3 (relating to single accountability system) that uses measures
of student learning to enable the estimation of school or school district statistical
distributions.

(221 added Nov. 17, 2010, P.L.996, No.104)

19490014u221v

Compiler's Note: Section 24 of Act 104 of 2010, which added section 221, provided that any regulations
that are inconsistent with Act 104 are hereby abrogated to the extent of the inconsistency.

19490014u221.1s

Section 221.1. Moratorium on Certain Data Collection Systems and Data Sets.--(a) For the school years 2011-2012 and 2012-2013, the Department of Education and the
Department of Public Welfare shall suspend the collection of data through Pennsylvania's
Enterprise to Link Information for Children Across Network (PELICAN) and the Pennsylvania
Information Management System (PIMS) except as follows:

(ix) Any data pursuant to other Federal requirements and to meet eligibility requirements
for Federal funds.

(2) Pennsylvania Value-Added Assessment System (PVAAS), including any revisions or improvements
made to the system.

(3) Information required by the Department of Public Welfare to supervise, license or
register a child-care provider under Articles IX and X of the act of June 13, 1967
(P.L.31, No.21), known as the "Public Welfare Code."

(4) Information relating to background checks required in section 111 and in 23 Pa.C.S.
§§ 6344 (relating to information relating to prospective child-care personnel) and
6344.1 (relating to information relating to family day-care home residents).

(5) Information necessary for all payments or reimbursement by the Commonwealth.

(6) Information required to be reported pursuant to Article XIII-A of this act.

(7) Information which is voluntarily provided by an institution of higher education.

((a) amended June 30, 2012, P.L.684, No.82)

(b) The Department of Education and the Department of Public Welfare shall notify their
affected program participants no later than August 1, 2011, of the data elements required
to comply with the laws and programs identified in subsection (a).

(c) By February 1, 2012, the Department of Education and the Department of Public Welfare
shall provide a report to the Education Committee of the Senate, the Public Health
and Welfare Committee of the Senate, the Education Committee of the House of Representatives
and the Children and Youth Committee of the House of Representatives which shall include
the following:

(1) Category of the data to include the child, family, program and staff.

(2) Data elements to be collected and the law requiring the data and its intended use.

(3) Total funding expended as of December 2011, including funding source to develop, implement
and maintain the system.

(4) Long-term cost projections to administer and maintain the information systems. The
projections shall include costs to the Commonwealth and the program participants.

(5) Any law needed to authorize the departments to collect, use and distribute the information.

(d) The Department of Education and the Department of Public Welfare shall not be required
to complete reports that include data elements within the moratorium of this section.

(221.1 added June 30, 2011, P.L.112, No.24)

19490014u221.1v

Compiler's Note: The short title of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare
Code, referred to in this section, was amended by the act of December 28, 2015 (P.L.500,
No.92). The amended short title is now the Human Services Code.

Compiler's Note: The Department of Public Welfare, referred to in this section, was redesignated as
the Department of Human Services by Act 132 of 2014.

19490014u221.2s

Section 221.2. Data Collection Reduction.--(a) The State Board, in consultation with the advisory committee, shall:

(1) Review data collection requirements existing as of the effective date of this section
that are imposed on public school entities in the areas of finance, human resources,
food services, transportation, child accounting, athletics, health and special education.
In the review, the advisory committee shall also consider whether the data has a valuable
purpose to inform policymakers and the public about the operation of public school
entities.

(2) Identify those data collection requirements that are redundant, overly burdensome
or no longer necessary.

(3) Within one hundred eighty (180) days of the effective date of this section, issue
a report of its findings and recommendations based on the data collection requirements
identified under paragraph (2) to the chairperson and minority chairperson of the
Education Committee of the Senate and the chairperson and minority chairperson of
the Education Committee of the House of Representatives and post the report on the
department's publicly accessible Internet website.

(b) (1) Notwithstanding any other provision of law, by the conclusion of the school year following
the issuance of the report required under subsection (a)(3), the department shall
terminate all data collection requirements imposed on public school entities identified
under subsection (a)(2) that are not required by statute or regulation.

(2) Once a data collection requirement has been terminated under this section, the department
may not resume the collection of any data subject to the terminated data collection
requirement.

(c) (1) Within thirty (30) days of the effective date of this section, the State Board shall
establish an advisory committee consisting of:

(i) The Secretary of Education or a designee.

(ii) The chairperson and minority chairperson of the Education Committee of the Senate
or their designees.

(iii) The chairperson and minority chairperson of the Education Committee of the House of
Representatives or their designees.

(iv) The following members, to be appointed by the State Board in consultation with education
associations representing school districts, intermediate units, public school employes,
charter school entities and area vocational-technical schools:

(A) Two school district business managers.

(B) Two intermediate unit business managers.

(C) Two charter school entity business managers.

(D) Two area vocational-technical school business managers.

(E) One representative from a school district board of school directors.

(F) One representative from an intermediate unit board of directors.

(G) One representative from a charter school entity board of trustees.

(H) One representative from an area vocational-technical school joint operating committee.

(I) One member of a Statewide association representing public school entity employes that
has a membership on the effective date of this section of greater than 140,000 public
school entity employes.